SAN SALVADOR (Reuters) – The lawyer common’s workplace of El Salvador introduced on Friday it should enchantment final month’s acquittal of a younger lady accused of killing her stillborn son, marking what can be her third trial within the socially conservative Central American nation.
Evelyn Hernandez poses for an image after a information convention in San Salvador, El Salvador August 21, 2019. REUTERS/Jose Cabezas
Evelyn Hernandez was exonerated in an August retrial after an earlier judgment discovered her responsible of murder and sentenced her to 30 years in jail.
Hernandez, 21, stated she was raped by a gang member and was unaware of her being pregnant till simply earlier than delivering a stillborn son in early 2016.
However prosecutors need one other shot at returning Hernandez to jail, the place she has already severed three years behind bars, as a consequence of what they describe in a press release as “overabundant” proof of her legal duty.
“There’s no motive to contemplate her a sufferer of something. Quite the opposite, the one sufferer is her son,” the assertion stated.
Hernandez was rushed to hospital after problems in the course of the delivery. As soon as there, medical workers accused her of trying an unlawful abortion and handed her over to authorities, her protection says.
El Salvador’s Supreme Courtroom overturned the unique conviction in February, ordering Hernandez launched, and concluding that the choose’s determination was primarily based on prejudice and inadequate proof.
Ladies prosecuted beneath El Salvador’s hardline abortion legal guidelines, which ban the process in all circumstances, embrace those that have suffered stillbirths after dwelling deliveries in addition to abortions induced due to medical emergencies.
“It’s shameful that they insist on criminally prosecuting a lady with out proof that she dedicated the crime,” Hernandez’s protection lawyer, Bertha Deleon, wrote in a publish on Twitter after prosecutors introduced their enchantment within the case.
Following her exoneration final month, Hernandez used her newfound worldwide platform to name for an finish to the criminalization of girls like her.
Hernandez didn’t instantly reply to a request for remark, however a consultant for the Citizen Group for the Decriminalization of Abortion, an area rights group, stated a press release can be issued later within the day.
The group has beforehand stated it should search new authorized opinions for at the least 16 related circumstances through which lady have been jailed for abortion-related crimes.
El Salvador’s new 38-year-old president, Nayib Bukele, campaigned on a pledge to legalize abortion in circumstances the place the lifetime of the mom is in danger, however lawmakers have but to take up any such reform.
Bukele has but to make any touch upon the case.
Reporting by Nelson Renteria; Writing by David Alire Garcia; Modifying by Alistair Bell